The Research About The Supervision And The Restriction Of Supervision Power

The constitution chapter 3 state institution section 7 redefined Supervisory committee NPC,which is tied with the People's Congress,the president of PRC?the state council ? central military committee ? People's courts and people's procuratorates,holds high standing in the constitution,and the 127 th stipulated,if the supervisory organ handles illegal activities of post and Duty crime cases,should cooperate and restrict adjudication organs,procuratorial organs,legal operation department.After the reform of supervision system,China has established Supervisory committee NPC From central to local,and it plays a crucial part in strengthening supervision to public officer,,attaining Comprehensive national supervision Coverage,Carrying out anti-corruption work thoroughly and promoting national governance system and modernization of governance.But because of the integration of dispersive administrative supervision,the force to prevent corruption and Anti-corruption anti-graft,at the same time,it also Causes peculation and discussion about excessive power and concentrated Supervision.Great attention has been paid to whether and how the power of supervisory organs is restricted.Theoretical and practical issues such as whether the supervisory Commission reports its work to the PEOPLE's Congresses and whether the supervisory Commission can supervise deputies have emerged.In jurisprudence,the power of supervision should not be excessively concentrated,should be supervised and restricted,according to the provisions of the constitution and inspect the rights of civil servants is the rights of citizens,but its rights has certain particularity,in view of the exercise of right of supervision,especially the use of indwelling measures,liberty and property rights of public employees,labor rights,communication freedom and communication secret,right of relief,the basic rights such as right of information will cause serious impact and influence,to strengthen the supervision of supervisory authority,can effective protection of the public servants' basic rights,realize the constitutional justice.Based on the mechanism of the exercise and restriction of supervision power in the Constitution and the Supervision Law,I try to deeply explore whether the supervision power is subject to supervision and restriction in its operation,Subject to the supervision and restriction of which organs,whether the supervision and restriction can guarantee the proper exercise of the right of supervision.First of all,supervisory organs have internal power restriction mechanism.The first is the power restriction mechanism in the internal operation of the supervisory organ,including the restriction of the supervisory and administrative departments on the power of supervision and inspection and the power of investigation,The preliminary verification,case-filing examination and approval system of supervisory organs and the supervision and restriction of the power of investigation.The preliminary verification,case-filing examination and approval system of supervisory organs and the supervision and restriction of the power of investigation.The trial system of supervisory organs and the supervision and restriction of the power of investigation,The examination and approval system of investigation measures of supervisory organs and the supervision and restriction of the power of investigation;The leadership,decision-making and supervision mechanism of the standing Committee of the Commission for Discipline Inspection,the limitation of time limit,and the supervision and restriction of the power of investigation by re-examination,review and appeal.Second,the nature of supervision and inspection power and investigation power,separate and mutual restraint.Third,constraints in the process of supervision and law enforcement,including internal examination and approval authority,timely transfer of clues found in cases,and a double case investigation mechanism.Fourth,through the enactment of the Law on Supervisors,we should establish a strict management and assessment system for supervisors and establish a sound supervision and punishment mechanism for supervisors,so as to strengthen their management and supervision.Secondly,the external supervision of supervisory organs is mainly under the leadership of the Party committee at the same level,the leadership of the supervisory committee at a higher level,the supervision of the people's Congress and its standing committee,democratic supervision,social supervision and public opinion supervision.Supervisory organs not only consciously accept external and internal supervision and restriction on power,but also emphasize that they should not interfere with the normal operation of other powers and adhere to the principle of proportionality and the principle of "having to be kept as a lien" in the operation of power.Thirdly,from the power structure of supervisory organs and the factors that restrict them,and from the principle and operation mode of mutual restriction with judicial organs,procuratorial organs and law enforcement departments in handling duty violations and duty crimes,Besides the investigation of illegal and criminal cases,we can find the mode and deficiency of the restriction of supervision power.In addition,supervisory organs are also restricted by public security organs,procuratorial organs and other organs through the mechanism of cooperation and docking in handling work-related violations and crimes.At the same time,there is also the docking of the trial-centered criminal trial system,which will also be restricted and coordinated by the constituent departments of the Party.Fourthly,the internal power restriction mechanism of supervisory organs is not mainly under the leadership of other power,and lack of publicity;the power of the organization and coordination is lack of supervisory;the internal department of supervisory is lack of independent.It is nessary to ensure the supervisory of the Party committee,Supervisory committee reporting to the People's Congress,and the supervisory of social forces.According to current law,the supervisory organ has not made any breakthrough on the issue of civil servants' right relief and accepting lawyers' defense during the period of detention.,It is not conducive to the supervision organs in the performance of their duties to protect the legitimate rights of public officials.On the other hand,the supervision and control mechanism of the supervisory organs is too strict in some aspects,which may lead to a decrease in the number of job-related crimes to some extent,which is worthy of arousing vigilance It is not conducive to the supervisory organ in the role and protect the lawful rights of public employees,at the same time,on the other hand,the supervisory organ is harsh supervision and restriction mechanism in some respects,to a certain extent,may lead to decreased number of duty crime investigation,deserves alert.